New Delhi: The Supreme Court on Friday recorded the assurance given by Solicitor General Tushar Mehta that the Varanasi district administration will provide sufficient water facilities to Muslims performing 'wazu' (ablution) at Gyanvapi mosque. A bench headed by Chief Justice of India DY Chandrachud and comprising Justice PS Narasimha said, "We record the statement of the Solicitor General that in order to facilitate Muslims to perform 'wazu', the District Magistrate shall ensure that there are sufficient number of tubs and facilities of water made available in proximity so no inconvenience is caused to the devotees, who come for offering namaz".
During the hearing, the Solicitor General submitted that toilets have been 70 metres away from the place, but they are asking for these facilities inside the premises of the mosque. Senior advocate Huzefa Ahmadi appearing on behalf of the Committee of Management of the Anjuman Intezamia Masjid submitted that the disputed area had been in use by Muslim worshippers for years for the purpose of wazu.
He stressed that this is the last Friday just before Eid. The bench queried Mehta as to why can there be no arrangements made for Friday and Saturday. Mehta responded that it is not possible because the entry to the bathroom is through the disputed area where the purported 'Shivaling' or according to them, a fountain is located and emphasised that the toilets are just 70 metres away.
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Ahmadi questioned why should Muslims be forced to go outside the premises for 'wazu'. Mehta replied that it is not 'wazu', rather he was talking about the toilet facilities and assured that water will be provided to the Muslim worshippers for the performance of 'wazu' and that there are six tubs. The bench stressed that to facilitate the performance of ablution, long tubs should be provided.
Mehta emphasised that authorities will provide sufficient water in order to ensure that everyone can perform 'wazu'. It may be recalled that in November 2022, the apex court extended the protection of the area inside Gyanvapi mosque where a "Shivling" was found till further orders.
The top court had said the interim order, passed in May 2022, will remain in operation till further orders. Committee of Management Anjuman Intezamia Masjid Varanasi, in its plea, contended the ablution area of the mosque where the "said object" has been found which, the petitioner maintains, is in fact a part of an old fountain.
The plea further added that it was sealed by the district authorities and remains sealed till date, and the washroom alongside the same also remains sealed. The plea contended that it has created inconvenience for the worshippers where they are deprived of the wazukhana needed for offering namaz as well as the washroom. It pointed out that the door to access the washroom was through the ablution area and the same remains sealed.
